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NY N016729




September 28, 2007

CLA-2-61:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020, 6108.22.9020, 6108.32.0010, 6108.92.0015, 6108.92.0030,

Ms. Sara Gradilla
R.L. Jones Customhouse Brokers, Inc.
444 N. Cesar Chavez Street
San Luis, Arizona 85349

RE: The tariff classification of women’s novelty garments from Mexico

Dear Ms. Gradilla:

In your letter dated September 3, 2007 you requested a classification ruling on behalf of your client Fantasy Lingerie.

Style 8396 is constructed of 100 percent nylon knit fabric and consists of two pieces. The woman’s bralette features an elasticized bottom band and two elasticized adjustable shoulder straps. The matching panty has an elasticized waist and is made up of panels that feature lattice style bottom edges.

 Style 8401 is a woman’s pajama set constructed from 100% nylon sheer knitted fabric. The top features a V-neckline with a bow at the bottom, adjustable shoulder straps, an opening extending from the bustline to the bottom of the garment and overlock stitching finishing the bottom. The garment extends to the waist. The upper back of the top extends straight across from side seam to side seam, exposing the upper half of the back. The pajama bottom is a matching g-string.

 Style 9164 is a woman’s nightgown with matching g-string constructed from 100% nylon sheer knitted fabric. The nightgown features a V-neckline with a bow at the bottom, adjustable shoulder straps, an opening extending from the bustline to the bottom of the garment and overlock stitching finishing the bottom. The upper back of the top extends straight across from side seam to side seam, exposing the upper half of the back.

     Style 3075 is a woman’s bed jacket constructed from 100 percent nylon knitted fabric. The garment features short sleeves finished with ruffles and a full front opening secured by a fabric tie. The garment does not reach the waist.

 Style 7173 is a woman’s pajama set constructed from 100% nylon sheer knitted fabric. The top features a V-neckline with a bow at the bottom, adjustable shoulder straps, an opening extending from the bustline to the bottom of the garment and overlock stitching finishing the bottom. The garment extends below the waist. The upper back of the top extends straight across from side seam to side seam, exposing the upper half of the back. The pajama bottom is a matching g-string.

We are returning your samples as you requested.

The applicable subheading for style 8396 bralette will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters, and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other, of man-made fibers. The duty rate will be 16.9 percent ad valorem.

The applicable subheading for style 8396 panty will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Briefs and panties: Of man-made fibers: OtherWomen’s. The duty rate will be 15.6% ad valorem.  

The applicable subheading for style 8401 and 7173 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s Nightdresses and pajamasknitted or crocheted: Of man-made fibers. The duty rate will be 16% ad valorem.   

The applicable subheading for style 9164 nigthgown will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s Nightdresses and pajamasknitted or crocheted: Of man-made fibers. The duty rate will be 16% ad valorem.   

The applicable subheading for style 9164 g-string will be 6108.92.0015, Harmonized tariff Schedule of the United States (HTSUS), which provides for women’s or girls; slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibers: other: women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 3075 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Other: Of man-made fibers: Other: Women’s. The duty rate will be 16% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 8396 bralette falls within textile category 649. Style 8396 panty and 9164 g-string fall within textile category 652. Style 8401 and 7173 fall within textile category 651. Style 3075 falls within textile category 650. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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